West Virginia Code § 62-12-7a

Presentence diagnosis and classification; power of court; custody of
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convicted person; provision for presentence reports; penalty for escape.
Notwithstanding any other provision of law, when any person has been found guilty of, or
pleads guilty to, a felony, or any offense described in article eight-d or eight-b, chapter sixty-
one of this code, against a minor child, the court may, prior to pronouncing of sentence,
direct that the person be delivered into the custody of the commissioner of ceorrections, for
the purpose of diagnosis and classification for a period not to exceed sixty days: Provided,
That the court shall require that a presentence report be completed byr the probation officer
assigned to that person and be made available to the commissioner of corrections prior to
delivery of the person to a statutorily approved diagnosis and classification unit of the
Division of Corrections. While at the diagnosis and classification unit the person shall
undergo examination, diagnosis and classification and shall tthen be remanded and delivered
to the custody of the sheriff of the county wherein he or she was found guilty or entered
such plea. Within ten days following the termination of the examination, diagnosis and
classification, the commissioner of corrections shall make or cause to be made a report to
the court wherein the person was found guilty, or entered a plea of guilty, containing the
results, findings, conclusions and recommendations of the commissioner with respect to
such person.
Whenever a person is remanded intog the custody of the commissioner of corrections
pursuant to this section, the person shall be given credit on any sentence subsequently
imposed by the court equal to ethe time spent in such custody.

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